1.1                          A bill for an act 
  1.2             relating to transportation; allowing commissioner of 
  1.3             transportation to convey interest in certain land to 
  1.4             property owners; modifying provisions for speed limits 
  1.5             in highway work zones; modifying seasonal highway 
  1.6             weight limitations; transferring responsibilities from 
  1.7             transportation regulation board to commissioner of 
  1.8             transportation; making technical and clarifying 
  1.9             changes; repealing obsolete or invalid provisions; 
  1.10            amending Minnesota Statutes 2000, sections 161.24, 
  1.11            subdivision 4; 169.14, subdivision 5d; 169.825, 
  1.12            subdivision 11; 174.02, subdivisions 4 and 5; 174.10, 
  1.13            subdivisions 1, 3, and 4; 174A.02, subdivisions 1, 2, 
  1.14            and 4; 174A.04; 174A.06; 218.031, subdivision 2; 
  1.15            218.041, subdivisions 4, 5, and 6; 219.074, 
  1.16            subdivision 2; 219.384, subdivision 2; and 219.402; 
  1.17            repealing Minnesota Statutes 2000, sections 174A.01; 
  1.18            174A.02, subdivision 5; 174A.03; 174A.05; 219.383; 
  1.19            219.558; 219.559; 219.56; 219.681; 219.69; 219.691; 
  1.20            219.692; 219.695; 219.70; 219.71; 219.741; 219.743; 
  1.21            219.751; 219.755; 219.85; 219.97; 222.631; 222.632; 
  1.22            and 222.633; Minnesota Rules, part 8850.6900. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 2000, section 161.24, 
  1.25  subdivision 4, is amended to read: 
  1.26     Subd. 4.  [ACCESS TO ISOLATED PROPERTY.] When the 
  1.27  establishment, construction, or reconstruction of a trunk 
  1.28  highway closes off any other highway or street, including a city 
  1.29  ~~streets~~ street, private road, or entrance at the boundary 
  1.30  of ~~such~~ the trunk highway, the commissioner may, in mitigation 
  1.31  of damages~~,~~ or in the interest of safety and convenient public 
  1.32  travel, construct a road either within ~~the limits of the trunk~~ 
  1.33  ~~highway,~~ or ~~without~~ outside the limits of the trunk highway, 
  1.34  connecting the ~~closed off~~ closed-off highway, street, private 
  2.1   road, or entrance with another public highway.  In determining 
  2.2   whether to build the road within or ~~without~~ outside the limits 
  2.3   of the trunk highway, the commissioner may take into 
  2.4   consideration economy to the state and local traffic needs.  The 
  2.5   commissioner, in mitigation of damages, may connect the ~~closed~~ 
  2.6   ~~off~~ closed-off private road with the remaining portion of the 
  2.7   private road or with another private road.  All lands necessary 
  2.8   ~~therefor~~ for connecting a highway, street, private road, or 
  2.9   entrance to another public highway or for connecting a 
  2.10  closed-off private road to the remaining portion of a private 
  2.11  road or to another private road, may be acquired by purchase, 
  2.12  gift, or condemnation.  Notwithstanding section 161.23, 161.43, 
  2.13  161.431, or 161.44, the commissioner may convey and quitclaim a 
  2.14  fee title or easement held or owned by the state in land used to 
  2.15  construct a road to connect the closed-off highway, street, 
  2.16  entrance, or private road with another public highway or to 
  2.17  reconnect the private road to the property served by the road.  
  2.18     Sec. 2.  Minnesota Statutes 2000, section 169.14, 
  2.19  subdivision 5d, is amended to read: 
  2.20     Subd. 5d.  [SPEED ZONING IN WORK ZONE; SURCHARGE.] (a) The 
  2.21  commissioner, on trunk highways and temporary trunk highways, 
  2.22  and local authorities, on streets and highways under their 
  2.23  jurisdiction, may authorize the use of reduced maximum speed 
  2.24  limits in highway work zones.  The commissioner or local 
  2.25  authority is not required to conduct an engineering and traffic 
  2.26  investigation before authorizing a reduced speed limit in a 
  2.27  highway work zone. 
  2.28     (b) The minimum highway work zone speed limit is 20 miles 
  2.29  per hour.  The work zone speed limit must not reduce the 
  2.30  established speed limit on the affected street or highway by 
  2.31  more than 15 miles per hour, except that the highway work zone 
  2.32  speed limit ~~shall~~ must not exceed 40 miles per hour.  The 
  2.33  commissioner or local authority shall post the limits of the 
  2.34  work zone.  Highway work zone speed limits are effective on 
  2.35  erection of appropriate regulatory speed limit signs.  The signs 
  2.36  must be removed or covered when they are not required.  A speed 
  3.1   greater than the posted highway work zone speed limit is 
  3.2   unlawful.  
  3.3      (c) Notwithstanding paragraph (b), on divided highways the 
  3.4   commissioner or local authority may establish a highway work 
  3.5   zone speed limit that does not exceed 55 miles per hour. 
  3.6      ~~(c)~~ (d) For purposes of this subdivision, "highway work 
  3.7   zone" means a segment of highway or street where a road 
  3.8   authority or its agent is constructing, reconstructing, or 
  3.9   maintaining the physical structure of the roadway, its 
  3.10  shoulders, or features adjacent to the roadway, including 
  3.11  underground and overhead utilities and highway appurtenances, 
  3.12  when workers are present. 
  3.13     ~~(d)~~ (e) Notwithstanding section 609.0331 or 609.101 or 
  3.14  other law to the contrary, a person who violates a speed limit 
  3.15  established under paragraph (b) or (c), or who violates any 
  3.16  other provision of this section while in a highway work zone, is 
  3.17  assessed an additional surcharge equal to the amount of the fine 
  3.18  imposed for the speed violation, but not less than $25. 
  3.19     Sec. 3.  Minnesota Statutes 2000, section 169.825, 
  3.20  subdivision 11, is amended to read: 
  3.21     Subd. 11.  [GROSS WEIGHT SEASONAL INCREASES.] (a) The 
  3.22  limitations provided in this section are increased:  
  3.23     (1) by ten percent ~~from January 1 to March 7~~ between the 
  3.24  dates set by the commissioner based on a freezing index model 
  3.25  each winter, statewide; 
  3.26     (2) by ten percent ~~from December 1 through December 31~~ 
  3.27  between the dates set by the commissioner based on a freezing 
  3.28  index model each winter, in the zone bounded as follows:  
  3.29  beginning at Pigeon River in the northeast corner of Minnesota; 
  3.30  thence in a southwesterly direction along the north shore of 
  3.31  Lake Superior along trunk highway No. 61 to the junction with 
  3.32  trunk highway No. 210; thence westerly along trunk highway No. 
  3.33  210 to the junction with trunk highway No. 10; thence 
  3.34  northwesterly along trunk highway No. 10 to the Minnesota-North 
  3.35  Dakota border; thence northerly along that border to the 
  3.36  Minnesota-Canadian Border; thence easterly along said Border to 
  4.1   Lake Superior; and 
  4.2      (3) by ten percent from the beginning of harvest to 
  4.3   November 30 each year for the movement of sugar beets and 
  4.4   potatoes within an area having a 75-mile radius from the field 
  4.5   of harvest to the point of the first unloading.  The 
  4.6   commissioner shall not issue permits under this clause if to do 
  4.7   so will result in a loss of federal highway funding to the state.
  4.8      (b) The duration of a ten percent increase in load limits 
  4.9   is subject to limitation by order of the commissioner, subject 
  4.10  to implementation of springtime load restrictions~~, or March 7~~.  
  4.11     (c) When the ten percent increase is in effect, a permit is 
  4.12  required for a motor vehicle, trailer, or semitrailer 
  4.13  combination that has a gross weight in excess of 80,000 pounds, 
  4.14  an axle group weight in excess of that prescribed in subdivision 
  4.15  10, or a single axle weight in excess of 20,000 pounds and which 
  4.16  travels on interstate routes.  
  4.17     (d) In cases where gross weights in an amount less than 
  4.18  that set forth in this section are fixed, limited, or restricted 
  4.19  on a highway or bridge by or under another section of this 
  4.20  chapter, the lesser gross weight as fixed, limited, or 
  4.21  restricted may not be exceeded and must control instead of the 
  4.22  gross weights set forth in this section.  
  4.23     (e) Notwithstanding any other provision of this 
  4.24  subdivision, no vehicle may exceed a total gross vehicle weight 
  4.25  of 80,000 pounds on routes which have not been designated by the 
  4.26  commissioner under section 169.832, subdivision 11. 
  4.27     (f) The commissioner may, after determining the ability of 
  4.28  the highway structure and frost condition to support additional 
  4.29  loads, grant a permit extending seasonal increases for vehicles 
  4.30  using portions of routes falling within two miles of the 
  4.31  southern boundary of the zone described under paragraph (a), 
  4.32  clause (2). 
  4.33     Sec. 4.  Minnesota Statutes 2000, section 174.02, 
  4.34  subdivision 4, is amended to read: 
  4.35     Subd. 4.  [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 
  4.36  The commissioner may appear as a party on behalf of the public 
  5.1   in any proceeding or matter before the ~~interstate commerce~~ 
  5.2   ~~commission, the civil aeronautics~~ surface transportation board 
  5.3   or any other agency or instrumentality of government ~~which~~ that 
  5.4   regulates public services or rates relating to transportation or 
  5.5   other matters related to the powers and responsibilities of the 
  5.6   commissioner as prescribed by law.  The commissioner shall 
  5.7   appear as a party on behalf of the public in proceedings ~~before~~ 
  5.8   ~~the transportation regulation board~~ as provided by law on 
  5.9   matters ~~which~~ that directly relate to the powers and duties of 
  5.10  the commissioner or ~~which~~ substantially affect the statewide 
  5.11  transportation plan.  ~~On all other transportation matters the~~ 
  5.12  ~~commissioner may appear before the transportation regulation~~ 
  5.13  ~~board.~~ 
  5.14     Sec. 5.  Minnesota Statutes 2000, section 174.02, 
  5.15  subdivision 5, is amended to read: 
  5.16     Subd. 5.  [COOPERATION.] To facilitate the development of a 
  5.17  unified and coordinated intrastate and interstate transportation 
  5.18  system: 
  5.19     (1) the commissioner shall maintain close liaison, 
  5.20  coordination and cooperation with the private sectors of 
  5.21  transportation, the upper great lakes seaway development 
  5.22  commission corporation, and any multistate organization involved 
  5.23  in transportation issues affecting the state; 
  5.24     (2) the commissioner shall participate in the planning, 
  5.25  regulation and development of the port authorities of the state; 
  5.26  ~~and~~ 
  5.27     (3) the commissioner or the commissioner's designee ~~shall~~ 
  5.28  ~~be~~ is a nonvoting~~, ex officio~~ member of the metropolitan 
  5.29  airports commission, as organized and established under sections 
  5.30  473.601 to 473.679~~.~~; 
  5.31     (4) the commissioner shall cooperate with all federal 
  5.32  agencies for the purpose of harmonizing state rules and federal 
  5.33  regulations within the state to the extent and in the manner 
  5.34  deemed advisable; 
  5.35     (5) the commissioner may conduct joint hearings with any 
  5.36  federal agency within or outside the state and, to the extent 
  6.1   allowed under federal law or regulation, may approve and 
  6.2   establish freight rates and charges that depart from the 
  6.3   distance principle required by any state law; and 
  6.4      (6) the commissioner may nominate members to any joint 
  6.5   board as provided by federal acts. 
  6.6      Sec. 6.  Minnesota Statutes 2000, section 174.10, 
  6.7   subdivision 1, is amended to read: 
  6.8      Subdivision 1.  [NOTICE OF CONTESTED CASE; FEE.] The 
  6.9   commissioner in any contested case ~~before the transportation~~ 
  6.10  ~~regulation board~~ that involves a motor carrier or common carrier 
  6.11  by rail as a party shall give reasonable notice to 
  6.12  representatives of associations or other interested groups or 
  6.13  persons who have registered their names with the ~~board~~ 
  6.14  commissioner for that purpose, to all parties and to cities and 
  6.15  municipalities ~~which~~ that the ~~board~~ commissioner deems to be 
  6.16  interested in the proceeding.  The commissioner may prescribe an 
  6.17  annual fee ~~to be credited to the general fund, which fee shall~~ 
  6.18  ~~be~~ as a charge to all registered groups or persons.  The fee 
  6.19  must be credited to the general fund.  This charge is to cover 
  6.20  the out-of-pocket costs involved in ~~giving such~~ providing the 
  6.21  notice. 
  6.22     Sec. 7.  Minnesota Statutes 2000, section 174.10, 
  6.23  subdivision 3, is amended to read: 
  6.24     Subd. 3.  [PROSECUTION.] In proceedings ~~which~~ that involve 
  6.25  a ~~hearing before the transportation regulation board~~ motor 
  6.26  carrier or common carrier by rail as a party, the matter ~~shall~~ 
  6.27  must be ~~investigated and prosecuted before the board~~ heard by 
  6.28  the commissioner ~~of transportation representing the interests of~~ 
  6.29  ~~the people of this state~~ as authorized by law.  
  6.30     Sec. 8.  Minnesota Statutes 2000, section 174.10, 
  6.31  subdivision 4, is amended to read: 
  6.32     Subd. 4.  [~~WHEN BOARD LACKS~~ LACK OF JURISDICTION.] If, in 
  6.33  any proceeding ~~before the transportation regulation board~~ 
  6.34  ~~relating to or involving the reasonableness of rates, fares,~~ 
  6.35  ~~charges, or classifications,~~ the ~~board~~ commissioner decides that 
  6.36  ~~it~~ the department does not have jurisdiction ~~because the traffic~~ 
  7.1   ~~covered by the rates, fares, charges, or classifications is~~ 
  7.2   ~~interstate commerce~~, the ~~transportation regulation~~ 
  7.3   ~~board~~ commissioner shall issue an order dismissing the 
  7.4   proceeding and stating the ground of the dismissal~~, which order~~ 
  7.5   ~~may be appealed from in like manner as other appealable orders~~. 
  7.6      Sec. 9.  Minnesota Statutes 2000, section 174A.02, 
  7.7   subdivision 1, is amended to read: 
  7.8      Subdivision 1.  [COMMISSIONER'S POWERS GENERALLY.] Some of 
  7.9   the functions of the ~~transportation regulation board shall be~~ 
  7.10  ~~legislative and~~ commissioner of transportation, related to motor 
  7.11  carriers and common carriers by rail, are quasi-judicial in 
  7.12  nature.  ~~It~~ The commissioner may make ~~such~~ investigations and 
  7.13  determinations, hold ~~such~~ hearings, prescribe ~~such~~ rules, and 
  7.14  issue ~~such~~ orders with respect to the control and conduct of the 
  7.15  carrier businesses coming within ~~its~~ the commissioner's 
  7.16  jurisdiction as ~~the legislature itself might make but only as it~~ 
  7.17  ~~shall from time to time authorize~~ authorized by law.  
  7.18     Sec. 10.  Minnesota Statutes 2000, section 174A.02, 
  7.19  subdivision 2, is amended to read: 
  7.20     Subd. 2.  [SPECIFIC FUNCTIONS AND POWERS.] (a) To the 
  7.21  extent allowed under federal law or regulation, the ~~board~~ 
  7.22  commissioner shall further hold hearings and issue orders in 
  7.23  cases brought ~~before it by either the commissioner~~ on the 
  7.24  commissioner's own motion or by a third party in the following 
  7.25  areas:  
  7.26     ~~(a)~~ (1) adequacy of services ~~which~~ that carriers are 
  7.27  providing to the public, including the continuation, termination 
  7.28  or modification of services and facilities~~.~~; 
  7.29     ~~(b) The~~ (2) reasonableness of tariffs of rates, fares, and 
  7.30  charges, or a part or classification ~~thereof~~ of a tariff; and 
  7.31     (3) issuing permits.  
  7.32     (b) For purposes of paragraph (a), clause (2), the ~~board~~ 
  7.33  commissioner may authorize common carriers by rail and 
  7.34  motor ~~carrier~~ carriers for hire to file tariffs of rates, fares, 
  7.35  and charges individually or by group.  Carriers participating in 
  7.36  group rate making have the free and unrestrained right to take 
  8.1   independent action either before or after a determination 
  8.2   arrived at through ~~such~~ that procedure.  
  8.3      ~~(c) The issuing of franchises, permits, or certificates of~~ 
  8.4   ~~convenience and necessity.~~  
  8.5      Sec. 11.  Minnesota Statutes 2000, section 174A.02, 
  8.6   subdivision 4, is amended to read: 
  8.7      Subd. 4.  [HEARINGS; NOTICE.] With respect to those matters 
  8.8   within ~~its~~ the commissioner's jurisdiction, the ~~board~~ 
  8.9   commissioner shall receive, hear, and determine all petitions 
  8.10  filed with ~~it~~ the commissioner in accordance with the procedures 
  8.11  established by law and may hold hearings and make determinations 
  8.12  upon ~~its~~ the commissioner's own motion to the same extent, and 
  8.13  in every instance, in which ~~it~~ the commissioner may do so upon 
  8.14  petition.  Upon receiving petitions filed pursuant to sections 
  8.15  221.121, subdivision 1, 221.151, ~~221.296,~~ and 221.55, the ~~board~~ 
  8.16  commissioner shall give notice of the filing of the petition to 
  8.17  representatives of associations or other interested groups or 
  8.18  persons who have registered their names with the ~~board~~ 
  8.19  commissioner for that purpose and to whomever the ~~board~~ 
  8.20  commissioner deems to be interested in the petition.  The ~~board~~ 
  8.21  commissioner may grant or deny the request of the petition 30 
  8.22  days after notice of the filing has been fully given.  If 
  8.23  the ~~board~~ commissioner receives a written objection and notice 
  8.24  of intent to appear at a hearing to object to the petition from 
  8.25  any person within 20 days of the notice having been fully given, 
  8.26  the request of the petition ~~shall~~ must be granted or denied only 
  8.27  after a contested case hearing has been conducted on the 
  8.28  petition, unless the objection is withdrawn ~~prior to~~ before the 
  8.29  hearing.  The ~~board~~ commissioner may elect to hold a contested 
  8.30  case hearing if no objections to the petition are received.  If 
  8.31  a timely objection is not received, or if received and 
  8.32  withdrawn, and the request of the petition is denied without 
  8.33  hearing, the petitioner may request within 30 days of receiving 
  8.34  the notice of denial, and ~~shall~~ must be granted, a contested 
  8.35  case hearing on the petition. 
  8.36     Sec. 12.  Minnesota Statutes 2000, section 174A.04, is 
  9.1   amended to read: 
  9.2      174A.04 [HEARINGS AND APPEALS.] 
  9.3      Subdivision 1.  [HEARINGS.] All hearings related to common 
  9.4   carriers by rail or motor carriers and required to be conducted 
  9.5   by the commissioner of transportation ~~regulation board shall~~ 
  9.6   must be conducted pursuant to sections 14.001 to 14.69.  
  9.7      Subd. 2.  [APPEALS.] An appeal from an order of the 
  9.8   commissioner must be in accordance with chapter 14. 
  9.9      Sec. 13.  Minnesota Statutes 2000, section 174A.06, is 
  9.10  amended to read: 
  9.11     174A.06 [CONTINUATION OF RULES.] 
  9.12     (a) Orders and directives in force, issued, or promulgated 
  9.13  under authority of chapters 174A, 216A, 218, 219, 221, and 222 
  9.14  remain and continue in force and effect until repealed, 
  9.15  modified, or superseded by duly authorized orders or directives 
  9.16  of the commissioner of transportation.  To the extent allowed 
  9.17  under federal law or regulation, rules adopted under authority 
  9.18  of the following sections are transferred to the commissioner of 
  9.19  transportation and continue in force and effect until repealed, 
  9.20  modified, or superseded by duly authorized rules of the 
  9.21  commissioner:  
  9.22     (1) section 218.041 except rules related to the form and 
  9.23  manner of filing railroad rates, railroad accounting rules, and 
  9.24  safety rules; 
  9.25     (2) section 219.40; 
  9.26     (3) rules relating to rates or tariffs, or the granting, 
  9.27  limiting, or modifying of permits or certificates of convenience 
  9.28  and necessity under section 221.031, subdivision 1; 
  9.29     (4) rules relating to the sale, assignment, pledge, or 
  9.30  other transfer of a stock interest in a corporation holding 
  9.31  authority to operate as a permit carrier as prescribed in 
  9.32  section 221.151, subdivision 1~~, or a local cartage carrier under~~ 
  9.33  ~~section 221.296, subdivision 8~~; 
  9.34     (5) rules relating to rates, charges, and practices under 
  9.35  section 221.161, subdivision 4; and 
  9.36     (6) rules relating to rates, tariffs, or the granting, 
 10.1   limiting, or modifying of permits under sections 221.121~~,~~ and 
 10.2   221.151~~, and 221.296~~.  
 10.3      (b) The commissioner shall review the transferred rules, 
 10.4   orders, and directives and, when appropriate, develop and adopt 
 10.5   new rules, orders, or directives. 
 10.6      Sec. 14.  Minnesota Statutes 2000, section 218.031, 
 10.7   subdivision 2, is amended to read: 
 10.8      Subd. 2.  [INFORMATION FURNISHED COMMISSIONER.] Every 
 10.9   common carrier shall furnish to the commissioner~~:~~ 
 10.10     ~~(1) all schedules of rates, fares and charges, every part~~ 
 10.11  ~~and classification thereof, together with minimum weights and~~ 
 10.12  ~~rules with respect thereto, and any and all amendments,~~ 
 10.13  ~~modifications or changes therein;~~ 
 10.14     ~~(2) all information duly required in blanks and forms~~ 
 10.15  ~~furnished by the commissioner;~~ 
 10.16     ~~(3) a copy of all annual reports and valuation data~~ 
 10.17  ~~furnished to the Interstate Commerce Commission not later than~~ 
 10.18  ~~June 30th, covering the preceding calendar year, together with~~ 
 10.19  ~~any additional information regarding valuation of its properties~~ 
 10.20  ~~requested by the commissioner;~~ 
 10.21     ~~(4)~~ a report of accidents, wrecks, and casualties occurring 
 10.22  in this state in ~~such~~ a manner and form and at ~~such~~ the times 
 10.23  ~~as~~ prescribed by the commissioner.  All such reports 
 10.24  administered by the department of public safety ~~shall~~ must be 
 10.25  received and administered in accordance with ~~the provisions of~~ 
 10.26  section 169.09, subdivision 13.  All other reports ~~shall be~~ are 
 10.27  open to public inspection but ~~shall~~ are not ~~be~~ admissible in 
 10.28  evidence in any suit or action for damages growing out of such 
 10.29  accident, wreck, or casualty~~;~~. 
 10.30     ~~(5) all tariff agreements or arrangements with other~~ 
 10.31  ~~carriers;~~ 
 10.32     ~~(6) all joint schedules of rates, fares or classifications.~~ 
 10.33     Sec. 15.  Minnesota Statutes 2000, section 218.041, 
 10.34  subdivision 4, is amended to read: 
 10.35     Subd. 4.  [COMMISSIONER DUTIES UPON PETITION.] (a) The 
 10.36  commissioner shall, upon petition~~:~~ 
 11.1      ~~(1) at all points of intersection and crossings of~~ 
 11.2   ~~different railroads, or where two railroads are not more than~~ 
 11.3   ~~one-half mile apart, and at all terminals, prescribe ample~~ 
 11.4   ~~facilities by track connection, joint use of tracks, freight~~ 
 11.5   ~~platforms and depots, warehouses, docks over which general~~ 
 11.6   ~~merchandise is handled and forwarded, and other necessary~~ 
 11.7   ~~appliances and conveniences for the transfer, forwarding and~~ 
 11.8   ~~handling of general merchandise and parcel freight between such~~ 
 11.9   ~~railroads and between such railroads and such docks, warehouses~~ 
 11.10  ~~and vessels at such docks;~~ 
 11.11     ~~(2) determine the proportionate share of each company in~~ 
 11.12  ~~the cost of providing connecting and transfer facilities in the~~ 
 11.13  ~~event the companies fail to agree;~~ 
 11.14     ~~(3) direct construction, maintenance and operation at any~~ 
 11.15  ~~points prescribed by law of all side tracks and reasonable~~ 
 11.16  ~~facilities connecting any road with any grain warehouse or mill,~~ 
 11.17  ~~dock, wharf, coal yard, quarry, brick or lime kiln, sand or~~ 
 11.18  ~~gravel pit, crushed rock or concrete plant, or manufactory~~ 
 11.19  ~~adjacent thereto, and prescribe the terms therefor;~~ 
 11.20     ~~(4) prescribe reasonable rules for handling property,~~ 
 11.21  ~~passenger, baggage, express and mail, partly over privately~~ 
 11.22  ~~owned rights-of-way and partly over highways, so that reasonable~~ 
 11.23  ~~and adequate accommodations and service may be afforded;~~ 
 11.24     ~~(5) prescribe the extent to which any designated carrier,~~ 
 11.25  ~~upon its petition, may be relieved from the operation of the~~ 
 11.26  ~~principles established by section 218.021, subdivision 1,~~ 
 11.27  ~~clauses (5), (6) and (7);~~ 
 11.28     ~~(6)~~, direct the repair, reconstruction, or replacement of 
 11.29  any inadequate or unsafe trackage, structure or facility. 
 11.30     (b) Upon receipt of a petition for action pursuant to this 
 11.31  subdivision the commissioner shall give notice to all persons 
 11.32  known to ~~it~~ the commissioner to have an interest in the matter 
 11.33  and publish notice of the petition in the State Register.  The 
 11.34  commissioner may grant the petition 30 days' after notice has 
 11.35  been fully made.  If the commissioner receives a written 
 11.36  objection to the petition from any person within 20 days after 
 12.1   the notice of filing has been fully made, the exemption ~~shall~~ 
 12.2   must be granted or denied only after a contested case hearing 
 12.3   has been held on the matter.  The commissioner may elect to hold 
 12.4   a contested case hearing if no objections to the petition or 
 12.5   application are received.  If a timely objection is not received 
 12.6   and the commissioner declines to act without a hearing, the 
 12.7   petitioner may request within 30 days of receiving a notice of 
 12.8   denial, and ~~shall~~ must be granted, a contested case hearing on 
 12.9   the application. 
 12.10     Sec. 16.  Minnesota Statutes 2000, section 218.041, 
 12.11  subdivision 5, is amended to read: 
 12.12     Subd. 5.  [INVESTIGATIVE AND ENFORCEMENT DUTIES.] The 
 12.13  commissioner shall: 
 12.14     (1) investigate and determine whether any common carriers 
 12.15  are granting rebates or, in any other particular, failing to 
 12.16  comply with laws or with orders, rules, or directives of the 
 12.17  commissioner; and 
 12.18     (2) ~~appear and press before the Interstate Commerce~~ 
 12.19  ~~Commission any petition, whether filed by a resident of the~~ 
 12.20  ~~state or otherwise, charging any common carrier doing business~~ 
 12.21  ~~in this state with any violation of the Interstate Commerce Act~~ 
 12.22  ~~of the United States, whenever the department deems the matter~~ 
 12.23  ~~to be one of public interest;~~ 
 12.24     ~~(3)~~ institute and prosecute all actions and proceedings in 
 12.25  the appropriate courts for the enforcement of ~~the provisions of~~ 
 12.26  this chapter~~,~~; the orders, rules, and directives of the 
 12.27  commissioner issued ~~thereunder~~ under this chapter; and any 
 12.28  violations thereof.  
 12.29     Sec. 17.  Minnesota Statutes 2000, section 218.041, 
 12.30  subdivision 6, is amended to read: 
 12.31     Subd. 6.  [INVESTIGATIVE, ADMINISTRATIVE, AND RULEMAKING 
 12.32  POWERS.] In the exercise of powers granted in this chapter, the 
 12.33  commissioner may: 
 12.34     (1) subpoena books, papers, or accounts kept by any 
 12.35  regulated business within or without the state, or compel 
 12.36  production of verified copies; 
 13.1      (2) prepare all forms or blanks for ~~the purpose of~~ 
 13.2   obtaining information ~~which~~ that the commissioner may deem 
 13.3   necessary or useful for the proper exercise of the authority and 
 13.4   duties of the commissioner in connection with regulated 
 13.5   businesses, and prescribe the time and manner within which the 
 13.6   blanks and forms ~~shall~~ must be completed and filed; 
 13.7      (3) inspect, at all reasonable times, and copy the books, 
 13.8   records, memoranda, correspondence, or other documents and 
 13.9   records of any business under the commissioner's 
 13.10  jurisdiction; and 
 13.11     (4) examine, under oath, any officer, agent, or employee of 
 13.12  a business under the commissioner's jurisdiction concerning ~~its~~ 
 13.13  ~~business and affairs; and~~ 
 13.14     ~~(5) prescribe rules, duly promulgated in accordance with~~ 
 13.15  ~~chapter 14, relating to rates, care in handling and other~~ 
 13.16  ~~livestock transportation matters~~ any matter within the 
 13.17  commissioner's jurisdiction. 
 13.18     Sec. 18.  Minnesota Statutes 2000, section 219.074, 
 13.19  subdivision 2, is amended to read: 
 13.20     Subd. 2.  [CROSSING VACATION PROGRAM.] On or before July 1, 
 13.21  1992, and on or before July 1 of each of the next four years, 
 13.22  and as necessary afterward, the commissioner shall develop a 
 13.23  list of grade crossings proposed to be vacated.  The list must 
 13.24  be developed by applying the standards set forth in the rules 
 13.25  adopted under section 219.073.  Grade crossings that are part of 
 13.26  an abandonment, closing, or removal ~~under section 219.741~~ may 
 13.27  not be included in the list.  The commissioner shall notify the 
 13.28  public officials having the necessary authority and the railway 
 13.29  companies operating the railroads of the proposed vacations.  
 13.30  Either affected party may request a hearing.  If requested, the 
 13.31  commissioner shall hold a contested case hearing applying in the 
 13.32  commissioner's determination the rules developed under section 
 13.33  219.073.  If after the hearing the commissioner determines that 
 13.34  the vacation is consistent with the standards adopted under 
 13.35  section 219.073, the commissioner may order the crossing 
 13.36  vacated.  If a request for a hearing on a particular crossing is 
 14.1   not received within 30 days of the publication in the State 
 14.2   Register, the commissioner shall order the crossing vacated. 
 14.3      Sec. 19.  Minnesota Statutes 2000, section 219.384, 
 14.4   subdivision 2, is amended to read: 
 14.5      Subd. 2.  [PENALTY.] A railroad company, road authority, or 
 14.6   property owner that fails to comply with this section within 30 
 14.7   days after being notified in writing is subject to a fine of $50 
 14.8   for each day that the condition is uncorrected.  This penalty 
 14.9   may be recovered in ~~the manner provided in section 219.97,~~ 
 14.10  ~~subdivision 5~~ a civil action brought by the attorney general or 
 14.11  by the county attorney of the county through or into which the 
 14.12  railroad extends. 
 14.13     Sec. 20.  Minnesota Statutes 2000, section 219.402, is 
 14.14  amended to read: 
 14.15     219.402 [ADEQUATE CROSSING PROTECTION.] 
 14.16     Crossing warning devices or improvements installed or 
 14.17  maintained under this chapter as approved by the commissioner or 
 14.18  any predecessor, whether by order or otherwise, are adequate and 
 14.19  appropriate warning for the crossing. 
 14.20     Sec. 21.  [TRANSFERRING CARRIER REGULATORY 
 14.21  RESPONSIBILITIES.] 
 14.22     (a) Responsibilities, as defined in Minnesota Statutes, 
 14.23  section 15.039, subdivision 1, held by the transportation 
 14.24  regulation board including, but not limited to, responsibilities 
 14.25  relating to administration, regulation, recordkeeping, operating 
 14.26  authority, permitting, rate making, rulemaking, and enforcement 
 14.27  of transportation laws, rules, and regulations relating to motor 
 14.28  carriers and common carriers by rail under Minnesota Statutes, 
 14.29  chapters 218, 219, 221, and 222, are transferred to the 
 14.30  commissioner of the Minnesota department of transportation under 
 14.31  Minnesota Statutes, section 15.039. 
 14.32     (b) The legislative and quasi-judicial functions and powers 
 14.33  conferred on the board under Minnesota Statutes, chapter 174A, 
 14.34  are also transferred to the commissioner.  
 14.35     (c) The position of transportation regulation board member 
 14.36  and the transportation regulation board as previously 
 15.1   constituted are abolished.  
 15.2      Sec. 22.  [INSTRUCTIONS TO REVISOR.] 
 15.3      (a) Except when used in the phrases to be changed by the 
 15.4   revisor under paragraph (b), the revisor of statutes is directed 
 15.5   to change the word "board" or "board's," or similar term or 
 15.6   phrase, when it refers to the transportation regulation board, 
 15.7   to the term "commissioner," "commissioner's," or "commissioner 
 15.8   of transportation," as appropriate, where it appears in: 
 15.9      (1) Minnesota Statutes, sections 174A.02, subdivision 3; 
 15.10  221.025; 221.101; 221.121, subdivisions 1, 2, 3, 4, 5, 6, and 
 15.11  6a; 221.122, subdivisions 1 and 3; 221.123; 221.151; 221.161, 
 15.12  subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1; 
 15.13  221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291, 
 15.14  subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and 
 15.15  221.55; and 
 15.16     (2) Minnesota Rules, chapters 7800; 8900; 8910; and 8920. 
 15.17     (b) The revisor of statutes is directed to change the 
 15.18  phrases "board or commissioner," "commissioner or board," "board 
 15.19  or the commissioner," "commissioner or the board," "commissioner 
 15.20  and the board," "commissioner and board," "board and the 
 15.21  commissioner," "board and commissioner," "department and board," 
 15.22  "board or department," and "board and the department," when the 
 15.23  word "board" refers to the transportation regulation board, to 
 15.24  the term "commissioner," or "commissioner of transportation," as 
 15.25  appropriate, where it appears in: 
 15.26     (1) Minnesota Statutes, sections 221.011, subdivision 15; 
 15.27  221.031, subdivision 5; 221.121, subdivisions 1 and 5; 221.122, 
 15.28  subdivision 1; 221.151, subdivision 2; 221.221, subdivisions 1 
 15.29  and 3; 221.261; 221.271; 221.291, subdivisions 1 and 3; 221.293; 
 15.30  221.295; 221.296, subdivisions 3 and 4; and 221.68; and 
 15.31     (2) Minnesota Rules, chapter 8850. 
 15.32     (c) Except when amended accordingly in this act, the 
 15.33  revisor of statutes is directed to change the words 
 15.34  "transportation regulation board" to "commissioner of 
 15.35  transportation" wherever they appear in Minnesota Statutes and 
 15.36  Minnesota Rules. 
 16.1      (d) In Minnesota Statutes, the revisor of statutes shall 
 16.2   renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and 
 16.3   174A.06 as 174.66. 
 16.4      (e) In Minnesota Rules, chapters 7800 and 8830, the revisor 
 16.5   of statutes shall change the term "commission" to "commissioner 
 16.6   of transportation" or "commissioner," as appropriate. 
 16.7      (f) The revisor of statutes shall make other changes in 
 16.8   chapter titles; section, subdivision, part, and subpart 
 16.9   headnotes; and in other terminology necessary as a result of the 
 16.10  enactment of this act. 
 16.11     Sec. 23.  [REPEALER.] 
 16.12     (a) Minnesota Statutes 2000, sections 174A.01; 174A.02, 
 16.13  subdivision 5; 174A.03; 174A.05; 219.383; 219.558; 219.559; 
 16.14  219.56; 219.681; 219.69; 219.691; 219.692; 219.695; 219.70; 
 16.15  219.71; 219.741; 219.743; 219.751; 219.755; 219.85; 219.97; 
 16.16  222.631; 222.632; and 222.633, are repealed.  
 16.17     (b) Minnesota Rules, part 8850.6900, is repealed.